1 Amended 6/12/07 1 Introduced by Council Member Ray and amended by the Land Use and 2 Zoning Committee: 3

4 ORDINANCE 2007-561-E 5 AN ORDINANCE AMENDING SECTIONS 656.1501 6 (PURPOSE AND INTENT) AND 656.1502 7 (DEFINITIONS), PART 15 (COMMUNICATION TOWER 8 AND ANTENNA REGULATIONS), CHAPTER 656 (ZONING 9 CODE), ORDINANCE CODE, TO CLARIFY LANGUAGE AND 10 MODIFY DEFINITIONS; REPEALING AND ESTABLISHING 11 A NEW SUBPART A (WIRELESS COMMUNICATION 12 FACILITIES), PART 15 (COMMUNICATION TOWER AND 13 ANTENNA REGULATIONS), CHAPTER 656 (ZONING 14 CODE), ORDINANCE CODE; PROVIDING AN EFFECTIVE 15 DATE. 16 17 BE IT ORDAINED by the Council of the City of Jacksonville:

18 Section 1. Sections 656.1501 (Purpose and intent), 19 Ordinance Code, and 656.1502 (Definitions), Part 15 (Communication 20 Tower and Antenna Regulations), Chapter 656 (Zoning Code), 21 Ordinance Code, is amended, in part, to read as follows: 22 CHAPTER 656 23 ZONING CODE 24 * * * 25 PART 15. COMMUNICATION TOWER AND ANTENNA REGULATIONS

26 Sec. 656.1501. Purpose and intent. 27 The City Council finds that the promulgation of these 28 regulations is warranted and necessary to promote the health, 29 safety and general welfare of residents of the City by: 30 * * * 2 1 Amended 6/12/07 1 (d) Accommodating the growing demand for wireless 2 communication services, consistent with the Federal 3 Telecommunications Act of 1996 and the Florida Wireless Emergency 4 Communications Act, and ensuring an efficient and high-quality 5 wireless communications network; and 6 * * * 7 These regulations are not intended to prohibit or have the 8 effect of prohibiting the provision of personal wireless services, 9 nor shall they be used to unreasonably discriminate among providers 10 of functionally equivalent services, consistent with state and 11 federal regulations. 12

13 * * *

14 Sec. 656.1502. Definitions. 15 For purposes of this Part, the following terms, words, and 16 phrases shall have the following meanings: 17 * * * 18 Collocation means locating wireless communication antennas and 19 accessory facilities from more than one provider on a single tower 20 site the situation when a second or subsequent wireless provider 21 uses an existing structure to locate a second or subsequent 22 antennae. 23 * * * 24 Lattice tower means a nonmonopole tower of lattice 25 construction subject to amortization according to Section 26 656.1503(b), Ordinance Code. 27 Low impact/stealth tower means a tapered monopole that is 28 equipped with visually low impact antenna mounts of wireless 29 communication service providers. Examples include, but are not 30 limited to, low-profile mounts, close-mounts, cobra-mounts and 31 side-arm antennas. A complete inventory of all approved low 2 2 1 Amended 6/12/07 1 impact/stealth tower and antenna mount designs (including both 2 written and graphic depictions) shall be maintained in the official 3 files of the Wireless Communication Coordinator, as determined by 4 the Tower Review Committee pursuant to Section 656.1508(c), 5 Ordinance Code. 6 Search ring means that area in which the antenna of a wireless 7 communication service provider must be located in order to provide 8 the provider’s designed wireless communication service to a defined 9 geographic area. 10 * * * 11 Tower site means the facility containing both the wireless 12 communication tower and associated equipment used to receive and 13 transmit radio frequency signals associated with wireless 14 communication services. 15 * * * 16 Wireless communications facility means any equipment or 17 facility used to provide service and may include, but is not 18 limited to, antennae, towers, equipment enclosures, cabling, 19 antenna brackets, and other such equipment. Placing a wireless 20 communications facility on an existing structure does not cause the 21 existing structure to become a wireless communications facility. 22 * * * 23 Wireless Communication Network Plan means a written and 24 graphic depiction of the locations for all antennas and wireless 25 communication towers, as required by Section 656.1507(b)(18), 26 Ordinance Code. 27 * * * 28 Section 2. Subpart A (Wireless Communication Facilities), 29 Part 15 (Communication Tower and Antenna Regulations), Chapter 656 30 (Zoning Code), Ordinance Code, is repealed in its entirety, and a 31 new Subpart A (Wireless Communication Facilities), Part 15 2 3 1 Amended 6/12/07 1 (Communication Tower and Antenna Regulations), Chapter 656 (Zoning 2 Code), Ordinance Code, is established as follows: 3 CHAPTER 656 4 ZONING CODE 5 * * * 6 PART 15. COMMUNICATION TOWER AND ANTENNA REGULATIONS

7 * * * 8 SUBPART A. WIRELESS COMMUNICATION FACILITIES 9 Sec. 656.1503. Applicability. 10 (a) New towers. All new wireless communication towers on 11 land within the City shall be subject to these zoning regulations. 12 In the event of a conflict between any zoning district regulations 13 and the regulations contained in this Part, the provisions of this 14 Part shall override and supersede such other regulations, unless 15 otherwise specifically set forth herein. 16 (b) Existing towers. Any wireless communication tower 17 existing as of August 23, 2001, that does not comply with the 18 height and design requirements of this Subpart shall be deemed a 19 legally permitted nonconforming use. Expansion of the footprint of 20 an existing wireless communication facility to accommodate 21 collocation shall not be deemed an expansion of a nonconforming 22 use. Notwithstanding their status as legally permitted 23 nonconforming uses, all existing wireless communication towers 24 shall comply with the registration and reporting requirements set 25 forth in Section 656.1516, Ordinance Code. 26 (c) Replacement towers. An existing wireless communication 27 tower, including a legally permitted nonconforming tower, may be 28 replaced, subject to building permit review, if the overall height 29 of the tower is not increased and the replacement tower is a 30 monopole tower or, if the existing tower is a camouflaged tower, 31 the replacement tower is a like-camouflaged tower. All replacement 2 4 1 Amended 6/12/07 1 towers shall comply with the originally approved landscape plan. 2 The Tower Review Committee may grant waivers from the originally 3 approved landscape plan according to Section 656.1508, Ordinance 4 Code. 5 (d) Height increases. An antenna placement or collocation 6 proposal that increases the height of a tower shall be subject to 7 the requirements set forth in Section 656.1510, Ordinance Code. An 8 increase in the height of an existing wireless communication tower 9 beyond that permitted in Section 656.1510, Ordinance Code, shall be 10 treated as a new tower and shall be subject to all the requirements 11 of this Subpart A, except for those requirements concerning the 12 minimum distance requirements. 13 Sec. 656.1504. Wireless communication towers. 14 The construction of a wireless communication tower in any 15 zoning district within the City may be initiated only upon approval 16 of an application in accordance with the relevant procedures set 17 forth herein. The original application, along with eight copies, 18 shall be filed with the Coordinator by the owner of the land upon 19 which the proposed tower is to be located, or his authorized agent. 20 Within ten working days of receipt of an application, the 21 Coordinator shall determine if the application form has been fully 22 completed and all required items submitted. Upon making this 23 determination, the Coordinator shall notify the applicant, in 24 writing, of the status of the application. If the Coordinator 25 determines that the application is incomplete, he shall advise the 26 applicant of those items that need to be submitted. If the 27 Coordinator determines that the application is complete, he shall 28 advise the applicant of the estimated schedule for processing the 29 application and projected date for obtaining either an approval or 30 denial of same. Additionally, the Coordinator shall forward a 31 complete copy of the application and all correspondence with the 2 5 1 Amended 6/12/07 1 applicant to the Council President, the District Council Member and 2 the Office of General Counsel. 3 Sec. 656.1505. Track I Towers. 4 (a) Applications for wireless communication towers that meet 5 the location and design requirements to be “Track I” towers shall 6 be assigned for processing on an expedited "Track I" schedule. 7 Upon a determination by the Coordinator that the application is 8 complete, the Coordinator shall determine whether the application 9 satisfies the criteria for a Track I Tower and issue an order 10 granting or denying the application for a Track I Tower, within the 11 timeframe set forth in Section 656.1511(b), Ordinance Code. If the 12 Coordinator determines that the application satisfies the criteria, 13 the Coordinator shall issue an order approving the application and 14 forward a copy of the order and application to the District Council 15 Member, and if there is no District Council Member, the At-large 16 Council Member from the Group which contains the appropriate 17 district. 18 (b) Track I requirements. A tower may be considered a Track I 19 camouflaged tower if it satisfies all of the following criteria: 20 (1) The tower is an appropriate approved camouflaged 21 design, pursuant to section 656.1509(c), Ordinance Code; 22 (2) The tower is located in a non-residential zoning 23 district; 24 (3) The tower height shall be: 25 (i) 150 feet or less, if located in an industrial 26 use category of the Future Land Use Plan; 27 (ii) 130 feet or less, if located in a 28 Community/General Commercial, Regional Commercial or 29 Central Business District category of the Future Land Use 30 Plan; 31 (iii) 110 feet or less, if located in a Neighborhood 2 6 1 Amended 6/12/07 1 Commercial or Public Buildings and Facilities category of 2 the Future Land Use Plan; 3 (iv) 90 feet or less, if located in any other non- 4 residential category of the Future Land Use Plan, except 5 the Conservation category; 6 (4) The tower will be located at least 100% of the tower 7 height from the property line of any property within a 8 Residential category of the Future Land Use Plan and with 9 residential zoning, or from a portion of a Planned Unit 10 Development zoned for residential uses; 11 (5) The tower will be set back a minimum distance of 50 12 feet from any transportation view corridor, unless the 13 camouflaged tower is designed to resemble a utility or light 14 pole; a public park; a historic district; a historic landmark; 15 and any environmentally sensitive land; 16 (6) There is no technologically and structurally 17 suitable space available on commercially reasonable terms on 18 an existing or proposed tower or structure within the search 19 ring; and 20 (7) The view of the base of the wireless communication 21 facility from any residentially neighborhoods, environmentally 22 sensitive lands, historic districts, historic landmarks, 23 public parks or transportation view corridors will be 24 mitigated through the use of either: (i) a landscaping buffer 25 outside the perimeter of the security fence; (ii) a wall, a 26 minimum of eight feet in height and with 100% opacity; or 27 (iii) intervening structures or existing vegetation that 28 provide the equivalent screening. The landscape buffer, if 29 provided, shall be a minimum of ten feet wide and consist of 30 the landscaping indicated in the landscaping performance 31 standard of Sec. 656.1512(c), Ordinance Code. 2 7 1 Amended 6/12/07 1 (c) Appeal. If the Coordinator determines that an application 2 satisfies all of the criteria, the District Council Member, or if 3 there is no District Council Member, the At-large Council Member 4 from the Group which contains the appropriate district, shall have 5 14 days to appeal the determination in the following manner: 6 (1) The District Council Member shall file a formal 7 notice of appeal with the Coordinator within 14 days of 8 receiving the application; 9 (2) The Coordinator shall set the matter for a hearing 10 before the Commission; 11 (3) The Commission’s review is limited to whether or not 12 the camouflaged design was appropriate for the site and/or 13 whether there is no technologically and structurally suitable 14 space available on commercially reasonable terms on an 15 existing or proposed tower or structure within the search 16 ring. 17 (4) The parties to the proceeding are the District 18 Council Member, the Department, and the applicant. No other 19 parties shall be permitted to comment. 20 (5) The Commission shall issue a finding regarding the 21 appeal on the date of the hearing and this finding shall be 22 the final agency action for the City, with appeals to a court 23 of competent jurisdiction. 24 Sec. 656.1506. Track II Towers. 25 Applications to construct a camouflaged tower not satisfying 26 the criteria set forth in Section 656.1505, Ordinance Code, or low 27 impact/stealth tower shall be assigned for processing on a "Track 28 II" schedule. Within 15 days of notification from the Coordinator 29 that the application is complete, a Track II application shall be 30 scheduled for review at the next regularly scheduled meeting of the 31 Commission. The Commission shall approve, deny or conditionally 2 8 1 Amended 6/12/07 1 approve the application where it finds that the proposed tower (1) 2 complies with the tower siting and design standards and performance 3 standards of this Subpart; and (2) is compatible with the existing 4 contiguous uses or zoning and compatible with the general character 5 and aesthetics of the surrounding neighborhood or area, considering 6 (a) the design and height of the wireless communication tower; and 7 (b) the potential adverse impact upon any environmentally sensitive 8 lands, historic districts or historic landmarks, public parks or 9 transportation view corridors. 10 (a) Camouflaged towers. Except as set forth in Section 11 656.1514, Ordinance Code, Track II camouflaged towers shall be 12 permitted in all zoning districts, including Planned Unit 13 Development Districts, subject to the following siting and design 14 requirements: 15 (1) Height. Track II camouflaged towers shall not be 16 subject to a maximum height requirement, so long as the proposed 17 tower is architecturally and aesthetically compatible with the 18 surrounding community. 19 (2) Setbacks. Regardless of the zoning district in which a 20 camouflaged tower is proposed to be constructed, the tower shall be 21 set back a distance of at least 100 percent of the tower height 22 from the nearest residential lot line of any single family 23 residence or single family residentially-zoned property, including 24 residential PUD districts and properties with a single-family 25 residential component in a mixed-use PUD district, or AGR IV land 26 use category; provided, however, that this setback shall not be 27 required where legal title to the nearest residential parcel is 28 held by the owner of the tower site. In the event that the proposed 29 tower is to be located within a mixed use Planned Unit Development 30 (PUD), the minimum distance set forth herein shall be measured from 31 the nearest residential use. Camouflaged towers shall also be set 2 9 1 Amended 6/12/07 1 back a minimum distance of 50 feet from any transportation view 2 corridor or environmentally sensitive lands; provided, however, 3 that the set back from the transportation view corridor shall not 4 apply where the camouflaged tower is designed to resemble a utility 5 or light pole. 6 (3) Collocation. Any camouflaged tower in excess of 100 7 feet in height shall be designed to accommodate antennas for at 8 least two separate wireless communication service providers. 9 (b) Low impact/stealth towers. Except as set forth in 10 Section 656.1514, Ordinance Code, low impact/stealth towers shall 11 be permitted in all zoning districts, including Planned Unit 12 Development Districts, subject to the following siting and design 13 requirements: 14 (1) Height. The maximum height of low impact/stealth towers 15 in any residential zoning district is 110 feet. In all other 16 districts, the maximum height of low impact/stealth towers is 130 17 feet; provided, however, that a variance may be sought from the 18 Tower Review Committee in accordance with the provisions of this 19 Subpart to increase the maximum height of a proposed low 20 impact/stealth tower in a nonresidential zoning district up to an 21 additional 30 feet. No variance shall be required, however, where 22 close-mount antennas are proposed to be located on that portion of 23 a low impact/stealth tower in excess of 130 feet, so long as the 24 overall tower height of the tower does not exceed 160 feet and the 25 tower is located in a nonresidential zoning district. 26 (2) Setbacks. Regardless of the zoning district in which a 27 low impact/stealth tower is located; the tower shall be set back a 28 distance of at least: (a) 250 feet or 200 percent of the tower 29 height, whichever distance is greater, from the nearest residential 30 lot line of any single family residence or single family 31 residentially-zoned property, including residential PUD districts 2 10 1 Amended 6/12/07 1 and properties with a single-family residential component in a 2 mixed-use PUD district or AGR IV land use category; provided, 3 however, that this setback shall not be required where legal title 4 to the nearest residential parcel is held by the owner of the tower 5 site; and (b) 150 feet or 100 percent of the tower height, 6 whichever distance is greater, from the nearest residential lot 7 line of any Residential Medium Density (RMD), 8 Commercial/Residential/Office (CRO) or Residential High Density 9 (RHD) zoning districts; provided, however, that this setback shall 10 not be required where legal title to the nearest residential parcel 11 is held by the owner of the tower site. In the event that the 12 proposed tower is to be located within a mixed use Planned Unit 13 Development (PUD), the minimum distances set forth herein shall be 14 measured from the nearest residential use. Stealth towers shall 15 also be set back a minimum distance of 250 feet or 200 percent of 16 the tower height, whichever distance is greater, from the nearest 17 boundary of a public park, historic district, historic landmark, 18 Neighborhood Conservation District or environmentally sensitive 19 lands, and a minimum distance of 100 feet from any transportation 20 view corridor. 21 (3) Separation. No low impact/stealth tower shall be 22 permitted to be constructed within 1,500 feet of another stealth 23 tower or a conventional wireless tower. 24 (4) Collocation. Any low impact/stealth tower proposed to 25 be constructed between 100 and 110 feet in height shall be designed 26 to accommodate antennas for at least two separate wireless 27 communication service providers. Any low impact/stealth tower 28 proposed to be constructed in excess of 110 feet in height shall be 29 designed to accommodate antennas for at least three separate 30 wireless communication service providers. 31 (c) Appeals. When the Commission acts on a Track II 2 11 1 Amended 6/12/07 1 application, such action shall be deemed the final action of the 2 City as of the effective date of the final action by the 3 Commission. A final action under this Section shall not be 4 reviewed further by the City Council. Any person with standing may 5 challenge a final action taken by the Commission in whatever way 6 authorized by federal or state law. 7 Sec. 656.1507. Conventional wireless towers ("Track III"). 8 Applications to construct a conventional wireless tower shall 9 be assigned for processing on a "Track III" schedule. Within 30 10 days of notification from the Coordinator that the application is 11 complete, a Track III application shall be assigned a legislative 12 bill number and scheduled for a public hearing before the 13 appropriate committee of reference of the City Council. The 14 committee shall recommend approval, denial, or conditional approval 15 of the application based upon its compliance with the review 16 criteria and the siting and design standards set forth in this 17 Section, as well as the performance standards for all wireless 18 communication towers set forth in this Subpart. 19 (a) Siting and design standards. Conventional wireless 20 communication towers shall only be allowed in those zoning 21 districts and land use categories located outside the 22 urban/suburban area boundary that do not allow for residential 23 uses, subject to the siting and design requirements set forth in 24 this Section. 25 (1) Height. The maximum height of a conventional wireless 26 tower is 199 feet. 27 (2) Design. All conventional wireless towers must be of a 28 monopole design. 29 (3) Setbacks. Regardless of the zoning district in which a 30 conventional wireless tower is located, the tower shall be set back 31 a distance of at least: (a) 250 feet or 200 percent of the tower 2 12 1 Amended 6/12/07 1 height, whichever distance is greater, from the nearest 2 residentially zoned parcel; provided, however, that this setback 3 shall not be required where legal title to the nearest residential 4 parcel is held by the owner of the tower site. In the event that 5 the proposed tower is to be located within a mixed use Planned Unit 6 Development (PUD), the minimum distance set forth herein shall be 7 measured from the nearest residential use. Conventional wireless 8 towers shall also be set back a minimum distance of 250 feet or 200 9 percent of the tower height, whichever distance is greater, from 10 the nearest boundary of a public park, historic district, historic 11 landmark, Neighborhood Conservation District or environmentally 12 sensitive lands, and a minimum distance of 100 percent of the tower 13 height from any transportation view corridor. 14 (4) Separation. No conventional wireless tower shall be 15 permitted to be constructed within 2,640 feet of another 16 conventional wireless tower. 17 (5) Collocation. Conventional wireless towers shall be 18 designed to accommodate collocation of antennas for multiple 19 wireless communication service providers, as follows: 20 TABLE INSET: 21 Conventional Tower Height Total Number of Providers < 110 feet 2 110 feet 130 feet 3 131 feet 170 feet 4 171 feet 199 feet 5

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23 (b) Public hearing. A public hearing shall be held by the 24 Council to consider all conventional wireless tower applications. 25 Notice of the time and place of the public hearing shall be made as 26 provided in Section 656.124, Ordinance Code. Additionally, the

2 13 1 Amended 6/12/07 1 notice shall specify the proposed height of the tower and the 2 number of wireless communications service provider(s) that can be 3 located on the tower. 4 The Department shall be responsible for making an advisory 5 recommendation to the Council on each application for a 6 conventional wireless tower. Said recommendation shall be in 7 writing and furnished to the assigned committee members, the 8 Council President, the District Council Member and the applicant at 9 least three days prior to the scheduled hearing. 10 (c) Balloon test. Applications for conventional wireless 11 towers shall be required to conduct a "balloon test," unless 12 otherwise prohibited by law. The test shall be conducted as 13 follows: 14 (1) The balloon shall be red and a minimum of four feet in 15 diameter, anchored to the ground so that it flies at the same 16 height and location as the proposed tower. 17 (2) The balloon shall be flown continuously from 7:00 a.m. 18 until sunset for two separate days within the same week. 19 (3) The test shall be conducted during the week prior to the 20 first scheduled public hearing for the conventional wireless tower 21 before the Council committee of reference. Notice of the scheduled 22 week of the balloon test shall be given along with the notice of 23 the public hearing in accordance with Section 656.124, Ordinance 24 Code. 25 (d) Review criteria. An application for a conventional 26 wireless tower permit shall be granted only if the Council finds, 27 from a preponderance of the record evidence, that the proposed 28 tower meets the following standards and criteria: 29 (1) The proposed tower shall be consistent with the 30 Comprehensive Plan, including any subsequent plan adopted by the 31 Council pursuant thereto; 2 14 1 Amended 6/12/07 1 (2) The proposed tower shall comply with both the siting and 2 design standards for conventional wireless towers and the 3 performance standards for all wireless communication towers; 4 (3) The proposed tower site shall be sufficiently accessible 5 to permit entry onto the property by fire, police, rescue and other 6 services; 7 (4) The height of the proposed tower shall be deemed 8 necessary to provide the wireless provider’s designed service, 9 (5) The absence of any existing or proposed towers, buildings 10 or other structures that could provide technologically and 11 structurally suitable space for collocation on commercially 12 reasonable terms; 13 (6) The proposed tower shall be compatible with the existing 14 contiguous uses or zoning and compatible with the general character 15 and aesthetics of the surrounding neighborhood or the area, 16 considering: 17 (i) The design and height of the communication tower; 18 (ii) The potential adverse impact upon any environmentally 19 sensitive lands, historic districts or historic landmarks, public 20 parks or transportation view corridors; and 21 (iii) The mitigating effect of any existing or proposed 22 landscaping, fencing or other structures in the area, as well as 23 the proximity of the communications tower to existing or proposed 24 buildings or structures. 25 Sec. 656.1508. Application requirements. 26 (a) Application fees. 27 (1) Track I applications. The base application fee for 28 review of an application to construct a Track I camouflaged tower 29 shall be $300. 30 (2) Track II applications. The base application fee for 31 review of an application to construct a non-Track I camouflaged 2 15 1 Amended 6/12/07 1 tower or low impact/stealth tower shall be $500. 2 (3) Track III applications. The base application fee for 3 review of an application to construct a conventional wireless tower 4 shall be $1,000. 5 (3) Technical consultants. The City shall have the right to 6 retain independent technical consultants and experts that it deems 7 necessary to properly evaluate applications for individual wireless 8 communication towers. The applicant shall be responsible for paying 9 the costs of said review, which costs shall be based upon a 10 reasonable hourly rate, not to exceed $150 per hour. In no event 11 shall the applicant be required to pay a total sum in excess of 12 $750 for the costs of the consultant. Payment is due upon receipt 13 of the billing invoice, and proof of same shall be required prior 14 to consideration of the application by the appropriate reviewing 15 authority. 16 (b) Submittal information. Applications to construct a 17 wireless communication tower shall contain the following 18 information: 19 (1) The identity of the owner(s) of the proposed tower and 20 the land on which the tower is to be located. 21 (2) The location of the proposed tower, including street 22 address and parcel real estate number, as well as longitude and 23 latitude coordinates; 24 (3) A current zoning map showing the location of the 25 proposed tower; 26 (4) A legal description of the parent tract and tower site 27 (if applicable); 28 (5) A scaled site plan clearly indicating the tower size, 29 type and height, the location of any accessory buildings, on-site 30 land uses and zoning, adjacent land uses and zoning, adjacent 31 roadways, proposed means of access, distances from property lines, 2 16 1 Amended 6/12/07 1 elevation drawings of the proposed tower, and any other proposed 2 structures; 3 (6) Distance between the proposed tower and the nearest 4 residentially zoned lands; 5 (7) Distance between the proposed tower and the nearest 6 boundary of any public park or environmentally sensitive lands 7 located within two miles of the proposed tower; 8 (8) A landscape plan showing specific landscape materials; 9 (9) The method of fencing, finished color and, if applicable, 10 the method of aesthetic mitigation and illumination; 11 (10) A map depicting (a) all existing wireless communication 12 towers within a one-half mile radius of the proposed tower, (b) all 13 proposed wireless communication towers within a one-half mile 14 radius of the proposed tower that are currently in the permitting 15 process, and (c) all structures in excess of 80 feet that could 16 reasonably support a wireless communication antenna and are located 17 within the search ring of the proposed tower. The location of 18 proposed towers currently in the permitting process may be obtained 19 from the Coordinator. 20 (11) Written evidence that there is no technologically and 21 structurally suitable space available on commercially reasonable 22 terms on an existing or proposed tower or structure within the 23 search ring; 24 (12) Details of all proposed antennas and mounting 25 equipment, including size and color; 26 (13) A design drawing including cross section and elevation 27 of the proposed tower. A description of the tower's capacity, 28 including the number and type of antennas it can accommodate as 29 well as the proposed location of all mounting positions for co- 30 located antennas and the minimum separation distances between 31 antennas; 2 17 1 Amended 6/12/07 1 (14) Certified statement from a licensed professional 2 engineer attesting to the structural integrity of the tower and its 3 ability to accommodate additional antennas; 4 (15) A photographic simulation of the proposed wireless 5 communication facility in order to help the approving authority 6 ascertain the visual impacts associated with such proposal. Where 7 the tower does not meet the minimum setback requirements set forth 8 in this Subpart, the applicant shall provide a view-shed analysis 9 showing various angles from which the tower would be visible from 10 the nearest boundary of said lands; 11 (16) Confirmation in the form of a copy of a lease or 12 contract that the proposed tower will be used by at least one 13 wireless communication service provider, including the 14 identification of said provider(s), but redacting any financial or 15 proprietary information; 16 (17) Any additional information deemed necessary by the 17 Coordinator to complete its review of the application. 18 (c) Conditions to issuance of final permit. Prior to 19 issuance of the final permit authorizing construction of a proposed 20 tower, the applicant shall submit written documentation to the 21 Coordinator of the following: 22 (1) FCC license and registration numbers, if applicable; 23 (2) Evidence of compliance with Federal Aviation 24 Administration requirements concerning the affect on navigable 25 airspace; and 26 (3) Confirmation in the form of a copy of a lease or 27 contract that the proposed tower will be used by at least one 28 wireless communication service provider, including the 29 identification of said provider(s), but redacting any financial or 30 proprietary information. 31 Sec. 656.1509. Tower Review Committee. 2 18 1 Amended 6/12/07 1 There is hereby established a committee to be known as the 2 Tower Review Committee ("TRC"). A waiver from the minimum setback 3 and separation requirements, waiver from the landscape requirements 4 of this Part 15, variance from the maximum height requirements for 5 low impact/stealth towers, variance from the maximum height and 6 projection requirements for side-mount and rooftop antennas, 7 variance from the other maximum height requirements in this Subpart 8 A, or declaration that a proposed tower or antenna qualifies as 9 either a camouflaged or low impact/stealth tower or antenna may 10 only be obtained from the Tower Review Committee. The Tower Review 11 Committee shall be composed of three members of the appropriate 12 committee of the City Council and two members of the Commission. 13 The Chairman of the appropriate committee of the City Council shall 14 appoint three members of that committee to serve on the Tower 15 Review Committee. The Chairman of the Commission shall appoint two 16 members of that commission to serve on the Tower Review Committee. 17 Each Tower Review Committee member shall serve for a term of one 18 year or until his successor shall have been appointed. The term of 19 each committee member shall be from July 1 to June 30 each year, 20 and members may serve for additional consecutive terms. All Tower 21 Review Committee members must remain members of the appropriate 22 committee of the City Council or the Commission, as the case may 23 be, during their entire term as a member of the Tower Review 24 Committee. When the Tower Review Committee acts on an application 25 for a waiver from the minimum setback and separation requirements, 26 a waiver from the landscaping requirements of this Part 15, a 27 variance from the maximum height requirements for low 28 impact/stealth towers, a variance from the maximum height and 29 projection requirements for side-mount and rooftop antennas, a 30 variance from the other maximum height requirements in this Subpart 31 A, or a declaration that a proposed tower or antenna constitutes an 2 19 1 Amended 6/12/07 1 acceptable low impact/stealth or camouflage design, such action 2 shall be deemed the final action of the City of Jacksonville as of 3 the effective date of the final action by the Tower Review 4 Committee. 5 (a) Public hearing. A public hearing shall be held by the 6 Tower Review Committee to consider all applications for a waiver of 7 the minimum setback and separation requirements of this Subpart A, 8 a waiver from the landscaping requirements of this Part 15, a 9 variance from the maximum height requirements for low 10 impact/stealth towers, a variance from the maximum height and 11 projection requirements for side-mount and rooftop antennas, a 12 variance from the other maximum height requirements in this Subpart 13 A, or a declaration that a proposed tower or antenna qualifies as 14 either a camouflaged or low impact/stealth tower or antenna. Notice 15 of the time and place of the public hearing shall be made as 16 provided in Section 656.124, Ordinance Code. 17 The Department shall be responsible for making an advisory 18 recommendation to the Tower Review Committee on each application 19 for a waiver or variance. Said recommendation shall be in writing 20 and furnished to the Tower Review Committee and the applicant at 21 least three days prior to the scheduled hearing. 22 (b) Waiver and variance criteria. The Tower Review 23 Committee may grant a waiver from the minimum setback and 24 separation requirements of this Subpart A, a waiver from the 25 landscaping requirements of this Part 15, a variance from the 26 maximum height requirements for low impact/stealth towers, a 27 variance from the maximum height and projections requirements for 28 side-mount and rooftop antennas, or a variance from the other 29 maximum height requirements in this Subpart A, only upon proof that 30 there are no less intrusive means for siting the tower or antenna 31 to meet the coverage needs of a Wireless Communications Service 2 20 1 Amended 6/12/07 1 Provider. This burden may only be met where the applicant proves, 2 by a preponderance of the evidence, that the request meets the 3 following standards and criteria, to the extent applicable: 4 (1) The location of existing uses, structures or other 5 features on or adjacent to the property create a need for the 6 waiver or variance; 7 (2) The request is not based exclusively upon the desire to 8 reduce the cost of developing the site or to circumvent the 9 requirements or Chapter 656, Part 15, Subpart A (Wireless 10 Communication Facilities); 11 (3) The proposed waiver or variance is the minimum necessary 12 to address the need for the request; 13 (4) The proposed waiver or variance will reflect, to the 14 greatest extent reasonably practicable, the physical character, 15 massing, scale and architecture of the surrounding land uses; 16 (5) The proposed waiver or variance will not have a 17 significant detrimental impact on adjacent property values; 18 (6) The proposed waiver or variance will be compatible with 19 the existing contiguous uses or zoning, as well as the general 20 character and aesthetics of the neighborhood or area, considering 21 the design and height of the tower or antenna, the mitigating 22 effect of any existing or proposed landscaping, fencing or other 23 structures in the area, and for towers, the proximity of the tower 24 to existing or proposed buildings or other structures, and similar 25 factors; and 26 (7) The strict application of the requirements of this 27 Section would constitute a substantial hardship to the applicant, 28 which hardship is not self-created or self-imposed. 29 (c) Declaration criteria. The Tower Review Committee has 30 already declared an initial list of approved camouflaged and low 31 impact/stealth tower and antenna-mount designs. The Tower Review 2 21 1 Amended 6/12/07 1 Committee may add to those lists by issuing a declaration that a 2 proposed tower or antenna mount constitutes an acceptable 3 camouflage or low impact/stealth design only upon proof of the 4 following: 5 (1) The proposed design is consistent with the intent and 6 purpose of this Section; and 7 (2) The proposed design does not detract from the physical 8 character, massing, scale and architecture of the surrounding 9 structures and land uses. 10 (d) Appeals. A final action under this subsection shall not 11 be reviewed further by the City Council. Any person with standing 12 may challenge a final action taken by the Tower Review Committee in 13 whatever way authorized by federal or state law. 14 (e) Application fees. The application fee for a waiver, 15 variance, or declaration of tower or antenna type under this 16 Section shall be $250. 17 Sec. 656.1510. Wireless communication antennas. 18 The placement of a new wireless communication antenna on any 19 structure within the City may be initiated only upon approval of an 20 application in accordance with the relevant procedures set forth in 21 this section. Applications shall be filed with the Coordinator by 22 the owner of the structure upon which the proposed antenna is to be 23 located, or his authorized agent. Within ten working days of 24 receipt of an application, the Coordinator shall determine if the 25 application form has been fully completed and all required items 26 submitted. Upon making this determination, the Coordinator shall 27 notify the applicant, in writing, of the status of the application. 28 If the Coordinator determines that the application is incomplete, 29 the Coordinator shall advise the applicant of those items that need 30 to be submitted. If the Coordinator determines that the application 31 is complete, the Coordinator shall advise the applicant of the 2 22 1 Amended 6/12/07 1 estimated schedule for processing the application and projected 2 date for obtaining either an approval or denial of same. 3 (a) Collocation on existing wireless communication towers. 4 Applications for collocations on existing towers shall be filed as 5 part of the building permit application process and routed to the 6 Coordinator for review. Upon proof of compliance with the 7 application requirements set forth in this section, and proof that 8 either the proposed communication antenna is an approved low 9 impact/stealth or camouflaged design pursuant to Section 10 656.1509(c), Ordinance Code, or that the antenna is consistent with 11 the design or placement requirements that were in effect at the 12 time of the initial antennae placement approval, then the 13 Coordinator shall issue an order authorizing the placement of the 14 proposed collocation on an existing wireless communication tower. 15 The permitting of such a collocation shall not abrogate the 16 characterization of a tower as a legally permitted nonconforming 17 use, and the tower site's original landscape plan shall remain in 18 effect. Additionally, expansions of the footprint of an existing 19 wireless communication facility compound to accommodate collocation 20 shall not be deemed an expansion of a nonconforming use; provided, 21 however, that all additional accessory equipment shall be 22 landscaped pursuant to Section 656.1512(c), or as otherwise 23 determined by the Coordinator so long as the visual impacts of the 24 additional accessory equipment are mitigated. Final orders issued 25 by the Coordinator under this section may be appealed to the 26 Commission. When the Commission acts on an appeal filed under this 27 section, such action shall be deemed the final action of the City 28 as of the effective date of the final action by the Commission. A 29 final action under this section shall not be reviewed further by 30 the City Council. Any person with standing may challenge a final 31 action taken by the Commission in whatever way authorized by 2 23 1 Amended 6/12/07 1 federal or state law. 2 (b) Administratively approved antennas. Except for a 3 historic building, structure, site, object, or district, or a tower 4 included in Section 656.1510(a), the Coordinator shall issue an 5 order authorizing the placement of a communication antenna on an 6 existing structure that meets the requirements set forth in 7 subsections (1)-(4) below. 8 (1) The antenna does not increase the height of the 9 existing structure to which the antennae are to be attached, 10 measured to the highest point of any part of the structure or 11 any existing antenna attached to the structure, by more than 12 15 feet; 13 (2) The antenna does not increase the area of the 14 wireless communication facility, if any, approved in the site 15 plan for equipment enclosures and ancillary facilities; 16 (3) The antennae, equipment enclosures, and ancillary 17 facilities are of an appropriate camouflaged or low- 18 impact/stealth design or are of a design consistent with the 19 design of an initial antennae placed on the structure, if 20 applicable; and 21 (4) There no technologically and structurally suitable 22 manner on commercially reasonable terms to place the antenna 23 on an existing structure within the search ring without 24 increasing the height. 25 (c) Public hearing for antennas. Those antennas that do not 26 satisfy the requirements set forth in Sections 656.1510(a) and 27 656.1510(b), Ordinance Code, shall be reviewed by the Commission. 28 Within seven days of notification from the Coordinator that the 29 application is complete, an application for an antenna which is 30 subject to a public hearing before the Commission, shall be 31 scheduled for review before the next meeting of the Commission. 2 24 1 Amended 6/12/07 1 When the Commission acts on an antenna application, such action 2 shall be deemed the final action of the City as of the effective 3 date of the final action by the Commission. A final action under 4 this Section shall not be reviewed further by the City Council. Any 5 person with standing may challenge a final action taken by the 6 Commission in whatever way authorized by federal or state law. The 7 Commission shall approve, deny or conditionally approve an 8 application for a wireless communication antenna based upon its 9 compliance with the applicable siting and design standards, as 10 follows: 11 (1) Low impact/stealth or camouflaged design rooftop 12 antennas, design approved pursuant to Section 656.1509(c) 13 Ordinance Code, not extending more than 25 feet above the roof 14 line shall be permitted in all zoning districts, subject to 15 the antenna application requirements set forth in this 16 Subpart. 17 (2) Nonlow impact/stealth or noncamouflaged design 18 rooftop antennas not extending more than ten feet above the 19 roof line shall be permitted in all zoning districts, subject 20 to the application requirements set forth in this Subpart. 21 (3) Side-mount antennas not projecting more than 20 22 inches from the face of the structure shall be permitted in 23 all zoning districts, subject to the application requirements 24 set forth in this Subpart. Side-mount antennas shall be 25 designed and placed so as to be architecturally and 26 aesthetically compatible with the structure. 27 (4) Neither rooftop nor side-mount antennas shall be 28 sited on any lot containing a single-family dwelling unit as 29 the principal structure. 30 (d) Variance from side-mount and rooftop height and 31 projection requirements on non-tower structures. A variance from 2 25 1 Amended 6/12/07 1 the maximum height and projection requirements on non-tower 2 structures set forth in this Subpart may only be obtained from the 3 Tower Review Committee in accordance with the procedures and 4 criteria set forth in Section 656.1509, Ordinance Code. 5 (e) Application requirements. 6 (1) Application fee. The application fee for review of 7 an application to site a wireless communication antenna on an 8 existing tower or structure shall be $200. 9 (2) Submittal information. Applications to site a 10 wireless communication antenna on an existing tower or 11 structure shall contain the following information: 12 (i) The identity of the wireless communication 13 service provider, as well as the owner(s) of the 14 structure and land upon which the antenna will be 15 located; 16 (ii) A written legal description of the site and a 17 boundary/improvements survey; 18 (iii) A site plan clearly indicating the antenna 19 size, type and height, and the location of any accessory 20 buildings; 21 (iv) A landscape plan showing specific landscape 22 materials for accessory equipment located at ground- 23 level; 24 (v) The method of fencing, finished color and, if 25 applicable, the method of aesthetic mitigation and 26 illumination. 27 (f) Notification. Upon approval of an application for a side- 28 mount and rooftop antenna, the Coordinator shall notify the 29 Jacksonville Sheriff’s Office, Jacksonville Aviation Authority and 30 Jacksonville Information Technology Department, and the District 31 Council Member. 2 26 1 Amended 6/12/07 1 Sec. 656.1511. Time Periods; automatic approval 2 (a) The Coordinator shall grant or deny each properly 3 completed application for a collocation in no case later than 45 4 business days after the date the application is determined to be 5 properly completed by the Coordinator. 6 (b) The Coordinator, Commission, Tower Review Committee or the 7 City Council shall grant or deny each completed application for any 8 other wireless communication facility in no case later than 90 9 business days after the date the application is determined to be 10 properly completed by the Coordinator. 11 (c) If the Commission, Tower Review Committee or the City 12 Council does not act within the time periods set forth in this 13 Section, then the application for the collocation or wireless 14 communication facility shall be deemed to be automatically 15 approved. 16 Sec. 656.1512. Performance standards. 17 In addition to the siting and design standards set forth in 18 this Subpart, all wireless communication towers shall satisfy the 19 following performance standards: 20 (a) No advertising. The wireless communication tower shall 21 not be used for any advertising purpose, including signage, designs 22 or logos. 23 (b) Security wall or fence. A minimum eight-foot high 24 finished masonry wall or wooden fence shall be required around all 25 portions of noncamouflaged wireless communication tower sites 26 visible from the public view. In industrial zoned sites, however, 27 the fence may be a chain link fence or other type of security 28 fence. For purposes of this Section, a finished masonry wall 29 includes, but is not limited to, stucco, brick or any other 30 decorative cover or finish. 31 (c) Landscaping. The visual impacts of wireless 2 27 1 Amended 6/12/07 1 communication tower sites shall be mitigated through the use of a 2 landscaping buffer consistent with the uncomplimentary buffer 3 requirements set forth in Section 656.1216, Ordinance Code. 4 (d) Illumination. No signals, lights or illumination shall 5 be permitted on any wireless communication tower, unless otherwise 6 required by the Federal Aviation Administration or such lighting or 7 illumination is part of the design of a camouflage scheme. 8 (e) Color. Noncamouflaged towers shall either have a dull 9 gray or galvanized finish or have a noncontrasting finish that 10 minimizes the visibility of the tower from public view, except 11 where contrasting color is required by federal or state regulation. 12 (f) Required signs. The security fence or wall surrounding 13 the tower site shall contain a sign, measuring no more than 30 14 inches wide by 24 inches high, identifying the primary party 15 responsible for the operation and maintenance of the facility, the 16 address and telephone number of that party, the FCC registration 17 and site identification numbers of the tower and the street address 18 of the tower site, where applicable. 19 Sec. 656.1513. Temporary towers. 20 Temporary antenna support facilities ("Cells on Wheels" or 21 "COWS") shall be permitted at a maximum height of 130 feet and for 22 a period not to exceed 90 days. Applications to permit a COW shall 23 be filed with the Coordinator and shall be granted upon payment of 24 the required application fee of $100. 25 Sec. 656.1514. Historic Landmarks, Historic Districts and 26 Neighborhood Conservation Districts. 27 A wireless communication tower may only be located in an 28 Historic District if it is a camouflaged tower. Applications to 29 site a camouflaged tower or place a wireless communication antenna 30 in an Historic District will not be processed until such time as 31 the applicant has obtained a Certificate of Appropriateness, 2 28 1 Amended 6/12/07 1 pursuant to Chapter 307, Ordinance Code. 2 Any alteration made to an historical structure to accommodate 3 the siting of a wireless communication antenna shall be fully 4 reversible. 5 Sec. 656.1515. Performance guarantee. 6 No permit for the construction, replacement or modification of 7 a wireless communication tower shall be issued until the applicant 8 has provided the City with a performance guarantee (proof of which 9 shall be provided to the Coordinator) to ensure that the City has 10 the necessary funds for the following: 11 (a) Tower removal. The owner of any wireless communication 12 tower shall provide to the City an irrevocable evergreen standby 13 letter of credit in a form acceptable to the Office of General 14 Counsel and in an amount equal to the lesser of $25,000 or 150 15 percent of the estimated cost of removing the tower in the event of 16 abandonment, as evidenced by a certificate of a licensed 17 professional engineer or licensed contractor in the business of 18 removing wireless communication towers. The City may require an 19 increase in the security amount after five-year intervals to 20 reflect increases in the Consumer Price Index. The performance 21 security shall be payable to the City and shall be maintained in 22 effect until the tower and its associated equipment are removed and 23 the City has certified that the owner has met all of its 24 obligations hereunder. 25 (b) Landscaping and screening. In addition to the 26 performance security for removal of an abandoned tower, the owner 27 of any wireless communication tower shall also provide to the City 28 an irrevocable evergreen standby letter of credit in a form 29 acceptable to the Office of General Counsel and in an amount equal 30 to 150 percent of the estimated cost of landscaping and screening 31 the perimeter of the tower site in accordance with this Subpart, as 2 29 1 Amended 6/12/07 1 evidenced by a certificate of a professional landscape architect. 2 The performance security shall be payable to the City and shall be 3 maintained in effect for three years or until the City has 4 certified that the owner has met all of its obligations hereunder. 5 Sec. 656.1516. Registration and reporting requirements. 6 (a) Annual registration. On or before June 1 of each 7 calendar year, the owner of every wireless communication tower 8 within the City shall file with the Coordinator a declaration as to 9 the continuing operation of the facility, as well as the name and 10 address of the tower owner and the real estate number for the 11 subject parcel, including identification of all wireless 12 communication service providers located on the tower, complete with 13 names, addresses, and phone numbers of the respective contact 14 persons. 15 (b) Certification of structural integrity. Every five years 16 after issuance of the initial permit, or as otherwise requested by 17 the City, the owner of every wireless communication tower within 18 the City shall file with the Coordinator a "Certification of 19 Structural Integrity." This certification shall be prepared by a 20 licensed professional engineer, who shall attest that a thorough 21 and complete inspection of the tower was conducted and that the 22 tower and accessory structures are continuing to perform as 23 originally designed. 24 (c) Noncompliance. Failure to timely file either the annual 25 declaration or Certification of Structural Integrity shall result 26 in a presumption that the tower is either unused or unsafe, thereby 27 subjecting the tower to removal under the abandonment provisions of 28 this Subpart. 29 Sec. 656.1517. Abandonment. 30 (a) Discontinuation of use. In the event that the use of 31 any wireless communication tower is discontinued for a period of 2 30 1 Amended 6/12/07 1 180 consecutive days, the tower shall be deemed to be abandoned. 2 Upon determination that a tower has been abandoned, the Coordinator 3 shall provide written notice of same, by certified mail, to the 4 owner of the tower and all wireless communication service providers 5 located on said tower, as evidenced by the records of the 6 Coordinator. 7 (b) Evidence of abandonment. The following shall constitute 8 prima facie evidence that a wireless communication tower has been 9 abandoned: 10 (1) Failure or refusal of the tower owner to respond within 11 20 days to the Notice of Determination of Abandonment; 12 (2) Failure of the tower owner to submit the annual 13 registration or certification structural integrity; or 14 (3) Discontinuation of the use of the tower for a period of 15 180 consecutive days. 16 (c) Response to notice of abandonment. Upon receipt of the 17 Notice of Determination of Abandonment, the tower owner shall have 18 90 days within which to: 19 (1) Activate the use of the tower; 20 (2) Transfer the tower to another owner who shall make 21 actual use of the tower within the 90-day period; or 22 (3) Dismantle and remove the tower. 23 (d) Removal of abandoned tower. An abandoned wireless 24 communication tower and all associated equipment shall be removed 25 by the tower owner within 90 days of receipt of a Notice of 26 Determination of Abandonment. If the tower is not removed within 27 180 days of the date of abandonment, the City may remove the tower 28 and all associated equipment using the funds posted as security for 29 the tower in accordance with this Subpart. 30 Section 3. The text of Chapter 656, Part 15, Subpart A, 31 Ordinance Code, which is deleted and replaced in its entirety by 2 31 1 Amended 6/12/07 1 Section 2 of this ordinance is hereby placed on file in the City 2 Council Legislative Services Division for reference. 3 Section 4. The Legislative Services Division is hereby 4 directed to forward a copy of this enacted ordinance to the 5 Municipal Code Corporation for codification in the City of 6 Jacksonville Ordinance Code. Since the City Council may enact 7 several separate ordinances regarding Chapter 656 at the 8 recommendation of the Special Committee on the Zoning Code Rewrite, 9 the Municipal Code Corporation is hereby authorized to make 10 modifications and corrections to numbering and lettering within 11 Chapter 656 to ensure internal consistency and effective 12 organization. 13 Section 5. Effective Date. This ordinance shall become 14 effective upon signature by the Mayor or upon becoming effective 15 without the Mayor's signature. 16

17 Form Approved: 18

19 /s/ Dylan T. Reingold 20 Office of General Counsel 21 Legislation Prepared By: Dylan Reingold

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